Ohio EPA says Cuyahoga River sediment must go in disposal facility this year, not Lake Erie

The Ohio Environmental Protection Agency is still concerned enough about pollution in the Cuyahoga River that it decided against allowing dredged sediments from the river and Cleveland Harbor to be dumped in Lake Erie. (Joshua Gunter/ The Plain Dealer)

Material dredged from the bottom of the Cuyahoga River and Cleveland Harbor to keep them navigable must be placed in an existing disposal facility near Burke Lakefront Airport this year, not in the middle of Lake Erie, the

to put untreated dredging sediment into Lake Erie instead of the disposal facility, which is nearing capacity at current use levels.

But Ohio EPA, whose permission is required for open lake dumping, worried the sediment could increase PCB levels in Lake Erie fish. Ohio EPA said the water quality certification application it received did not provide enough data to characterize the sediments and that the proposal was contrary to the federal Great Lakes Testing Manual.

"Using the confined disposal facilities is the right decision and the decision Ohio and the Army Corps made for 40 years," said a statement from Ohio EPA Director Craig Butler. "Placing material in the open lake doesn't make sense for the health of Lake Erie."

Port of Cleveland President and CEO Will Friedman said he agrees with Ohio EPA's decision. The existing disposal facility would have adequate capacity for at least 35 years if material deposited there is mixed with less water than has been done in the past, said Friedman.

"It does cost a bit more money to do it that way, but it is very cost-effective compared to building new confined disposal facilities," said Friedman.

ArcelorMittal Cleveland, whose access to waterborne raw materials delivery is affected by sediments, called for the Army Corps of Engineers to "expedite the steps needed to begin dredging in May" using the current disposal facilities. The company's vice-president and general manager, Eric Hauge, said the channel is already five to six feet shallower than the authorized 23 feet, making deliveries difficult.

"The need to dredge the Cuyahoga River federal navigation channel becomes more acute each day," said a statement from Hauge. "Spring rains and the sediment they wash into the channel will make this situation worse."

Ohio Environmental Council attorney Nathan Johnson said that while much progress has been made to clean up the river, sediments still contain cancer causing chemicals like PCBs, poly aromatic hydrocarbons and the pesticide DDT, which can accumulate in fish and other organisms.

He noted that the Ohio EPA had been particularly concerned that the Army Corps suggested putting the sediments near the City of Cleveland's drinking water intakes.

"Dumping toxic sediments into Lake Erie is a dumb idea," said Johnson. "It would pose a triple threat to drinking water, fish and wildlife, and the outdoor recreation economy that depends on a healthy lake."

“I’m pleased Ohio EPA has issued a certification for dredging of the Cleveland Harbor and the Cuyahoga River that provides ample environmental and health protections for Lake Erie and the City of Cleveland," said a statement from U.S. Sen. Rob Portman, an Ohio Republican. "I’ll continue to work with the agency and local stakeholders to ensure that the U.S. Army Corps of Engineers commences dredging in a timely manner.”

Now that the Ohio EPA has ruled, Toledo Democratic Rep. Marcy Kaptur said the Army Corps needs to make a formal commitment to dredge the harbor this year.

"The dredging season is close at hand and there is precious little time to waste," Kaptur said. "There is adequate space in the disposal facility for this year and Congress has already appropriated the money. There is no reason for the Corps to ignore the directives of Congress."

Holmes County GOP Rep. Bob Gibbs, who heads a House Transportation Subcommittee that oversees the Army Corps, responded to the ruling by sending the Corps a letter that requested that dredging occur without delay.

"Maintaining the current schedule for dredging these channels is vital to the businesses and workers that rely on shipments through the Great Lakes," Gibbs wrote to Assistant Secretary of the Army for Civil Works Jo-Ellen Darcy.

An Army Corps of Engineers spokesman said his agency is preparing a statement on the decision, but it would not be ready this evening.